ABSTRACT

The layman, as much as the lawyer, knows full well that, to quote Sir Winston Churchill, ‘the principle of the complete independence of the Judiciary from the Executive is the foundation of many things in our island life. In the older independent Commonwealth countries, Judges are likewise appointed by the head of the Executive, and the Ministers whose duty it is to advise have not the advantage of a Lord Chancellor among them. Among the Members of the Commonwealth who have become independent since the war there is interesting diversity. In more recent constitutions, of both independent Commonwealth countries and advanced dependent territories, the functions of the Judicial Service Commissions, established by their constitutions, have extended to the appointment of Puisne Judges. By far the largest and thorniest branch of subject, and one which has several times been publicly aired in recent years, is the tenure of office of Judges in dependent territories.